'Participation In Muharram Procession Last Year Carrying Sword Has Got No Relevance With This Year's Procession', MP HC Quashes Detention Order [Read Order]

While observing that a detention order under the National Security Act, 1980 has to be passed based upon cogent material, the Madhya Pradesh High Court on Tuesday set free a man who was detained for allegedly participating in Muharram procession last year carrying sword. The respondent state argued that an entry was made in the Rojnamcha, while brother of the petitioner was in jail on 30/08/2020, that brother of the petitioner and other co-accused persons on the eve of Muharram last year had taken out a procession carrying swords and therefore, to maintain public order in the city and from preventing the brother of the petitioner in acting any manner prejudicial to the security of the State, the Superintendent of Police submitted a report on 03/09/2020 to the District Magistrate and the District Magistrate passed an order on 04/09/2020 detaining the brother of the petitioner under the National Security Act, 1980. Court's Observations The Court remarked, "This Court really fails to understand that based upon a Rojnamcha Entry dated 30/08/2020 in which it was stated by the police that the brother of the petitioner has participated in the Muharram procession last year carrying swords, how he can be a threat to law and order problem." The Court ordered that the brother of the petitioner and other persons, who were detained on account of the order passed under National Security Act, 1980 be released forthwith.